So the fact that they felt the need to amend or clarify The Logan Act would seem to imply that legally there can be only 1 President at a time. The distinction between the elect and the incumbent or the current holder of the office.
It seems strange that in 2016 they enact this law while at that time the Logan Act had never been used. They seem to anticipate events.
If you check this Atlantic Article its Headline states ITS OFFICIAL AMERICA HAS 2 PRESIDENTS AT THE SAME TIME
What happens when the most powerful country in the world effectively has two presidents at once? Its policy regarding one of the most complex conflicts on the planet collapses into a muddled mess.
Or, more precisely, you have what unfolded over the last 48 hours: The Egyptian government submits to the UN Security Council a resolution against Israeli settlements in the West Bank and East Jerusalem. This raises the possibility that the Obama administration could express its opposition to Israeli settlement policy by abstaining from the vote, rather than vetoing the resolution as it had with a similar one in 2011. Enraged Israeli officials call up Donald Trump, who tweets that the United States should veto. Abdel Fattah el-Sisi, the president of Egypt, abruptly calls off the vote. At some point during all this, Trump has a phone conversation with Sisi where they chat about jointly solving various issues in the Middle East. Anonymous Israeli officials, essentially siding with the incoming Trump administration, criticize Obama in unusually harsh terms for plotting with the Palestinians to abandon Israel at the United Nations. A day later, Malaysia, New Zealand, Senegal, and Venezuela reintroduce the resolution, which comes to a vote and is adopted by the Security Council, including Egypt, with the United States abstaining. Barack Obama delivers a powerful parting message to Israel’s leaders that is powerfully undercut by Donald Trump’s opening message. “As to the U.N., things will be different after Jan. 20th,” Trump tweets shortly after the vote.
Still with me?
Transitions of power are always awkward, uncertain moments in the life of a nation and its relations with the world. Richard Nixon’s campaign aides, for example, allegedly interfered with Vietnam War peace talks organized by Lyndon Johnson. But Donald Trump has involved himself in international affairs like no U.S. president-elect in recent memory.
Definitely logistical and political problems with two presidents and the transition...1871 lays the foundation for legally changing the very nature of the Presidency from CEO to election leader. It is sure to be messy as the Atlantic article points out...but there is a clear legal, historical pathway to presidential legitimacy. Great post!
(post is archived)